DEFINITION OF PUBLIC AND PRIVATE CRIMES

AND
DEVELOPMENT OF LAWS ON RAPE

Archibald Jose T. Manansala

Juris Doctor 3rd Year

CRIMINAL PROCEDURE
Atty. Geronimo Sy

PRIVATE vs. PUBLIC CRIMES AND DEVELOPMENT OF LAWS ON RAPE

Private crimes are crimes that can be only prosecuted upon a complaint filed by (private)
offended party, while public crimes are crimes that can be prosecuted by a complaint filed by the
State and/or the private complainant, under direction and control of the City or Municipal
Prosecutor.1
Examples of private crimes are acts of lasciviousness, concubinage, adultery, seduction, and
abduction.
Adultery happens when a married woman has sexual relationships with a man other than her
husband, and that the man knows that the woman is married (whether the marriage is valid or
subsequently voided). The penalty for offender is penalty of prision correccional in its medium
(2 years, 4 mos. and 1 day 4 years) and maximum (4 years, 2 mos. and 1 day 6 years)
periods.2 Meanwhile, concubinage happens a man keeps a mistress in the conjugal dwelling,
cohabit or have scandalous sexual relationships with such mistress (a woman other than his
wife). The mistress will be meted the penalty of destierro and the man will be penalized with
penalty of prision correccional in its minimum (6 mos. and 1 day 2 years and 4 mos.) and
medium periods (2 years, 4 mos. 1 day 4 years). 3 Crimes of adultery and concubinage cannot
be prosecuted if the offended party consented to the offense or if (one of) the guilty parties are
not included in the complaint.4
Acts of lasciviousness is when a person commits lascivious acts against another person
regardless of biological sex and is punishable by prision correccional (6 mos. and 1 day 6
years) in penalty. Lascivious means filled with or showing sexual desire.5
Abduction occurs when a woman is abducted and lewd designs were carried out against her own
will. For abduction, the penalty of reclusion temporal (12 years and 1 day 20 years) will be
imposed, especially if the offended party is below twelve (12) years of age.6 Meanwhile,
1 2000 Revised Rules on Criminal Procedure (referred afterwards as Revised Rules on Criminal

Procedure), Rule 110, sec. 5

2 Act 3815, Revised Penal Code (referred afterwards as RPC), Art. 333
3 Id., Art. 334.
4 See note 1, supra.
5 RPC, Art. 336; Lascivious, Merriam-Webster Dictionary Online, http://www.merriam-

webster.com/dictionary/lascivious (last seen and accessed 25 April 2016 at 11:30 p.m.)

6 RPC, Art. 342.

consented abduction occurs when a woman is over twelve but below eighteen years of age, and
she consented to both the abduction and lewd acts that were carried out. Consented abduction is
punished by penalty of prision correccional in minimum (6 mos. and 1 day 2 years and 4 mos.)
and medium (2 years, 4 mos. 1 day 4 years) periods.
Seduction happens when a man, who has a carnal knowledge of a woman, entices her to have
sexual relations with him.7 The Revised Penal Code states two kinds of seduction that can be
committed by the offender: simple seduction and qualified seduction. In simple seduction, the
offender seduces, through deceit, seduces a woman over twelve (12) but under eighteen years of
age (18) or a widow of good reputation. Meanwhile, in qualified seduction, a person who is in
public authority, priest, house-servant, domestic, guardian, teacher, or, in any capacity, shall be
entrusted with the womans education or custody, seduces a virgin over twelve years and under
eighteen years of age.8 Simple seduction is punishable by penalty of arresto mayor (1 month and
1 day 6 mos.), while qualified seduction is punishable by penalty of prisin correccional in its
minimum (6 mos. and 1 day 2 years and 4 mos.) and medium (2 years, 4 mos. 1 day 4 years)
periods, while the penalty next higher in degree will be imposed if the offender seduced his sister
or descendant, whether or not the woman is a virgin or over eighteen years of age.9
Under the present Rules for Criminal Procedure, seduction, abduction and acts of lasciviousness
can be prosecuted when the offended party or her parents, grandparents or guardian files a
complaint against the offender. Moreover, if the party is a minor, the complaint can be filed by
the offended party independently of her parents, grandparents, or guardian. If she fails to file the
complaint, is incompetent or incapable of doing so, her parents, grandparents, or guardian can
file it in her behalf. The State can initiate the complaint in behalf of the offended minor, if she
dies or become incapacitated before the complaint was filed and she has no known parents,
grandparents, or guardian.10

7 Id., Articles 337 and 338.

8 Ibid.
9 Ibid.
10 See note 1, supra.